Siblings in care proceedings – Parklane Plowden Chambers

Posted December 4th, 2019 in care orders, families, news by sally

‘‘I’d like a sibling assessment too, please’ are words usually accompanied by a roll of the eyes as the already stretched social work team tots up the extra work involved. On the extensive list of parenting assessments, viability and kinship assessments, expert assessment and so forth, the sibling assessment is often the bottom of the priorities.’

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Parklane Plowden Chambers, 2nd December 2019

Source: www.parklaneplowden.co.uk

Striking the Right Balance – Contact for Infants in Care – Pallant Chambers

Posted November 28th, 2019 in care orders, contact orders, news by sally

‘Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC 540 (Fam) where he held that “it was a very drastic thing indeed to interfere with a young mother’s contact with her new-born baby and his contact with her, particularly at a time when ‘threshold’ (s 31 (2) of the 1989 Children Act) is yet to be established.”’

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Pallant Chambers, 26th November 2019

Source: www.pallantchambers.co.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Brothers’ and sisters’ rights in care – Transparency Project

Posted November 18th, 2019 in adoption, appeals, care orders, children, families, human rights, news, Supreme Court by sally

‘Many people believe that we do not pay enough attention to the rights of children in care to stay with, or at least stay in touch with, their brothers and sisters. Our relationships with our brothers and sisters can be the longest and most valuable in our lives but, for a range of reasons, these relationships can be disrupted when children are taken into care – or adopted – and are arguably overlooked by the law.’

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Transparency Project, 17th November 2019

Source: www.transparencyproject.org.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Family Division judge hands down ruling in care proceedings involving 49 parties – Local Government Lawyer

‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer

‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

District judge ‘sarcastic and shaking with rage’ in flawed family hearing – Law Society’s Gazette

‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’

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Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

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Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

When One Parent Kills Another – how should the family court approach this? – Family Law Week

Posted October 22nd, 2019 in care orders, children, domestic violence, families, family courts, guardianship, murder, news by tracey

‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’

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Family Law Week, 21st October 2019

Source: www.familylawweek.co.uk

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

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Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer

Posted September 3rd, 2019 in care orders, compensation, delay, families, housing, local government, news, ombudsmen, standards by sally

‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR

‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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1COR, 7th August 2019

Source: www.1cor.com

Naomi McLoughlin discusses the case of Re F (A Child) (Fact-Finding Appeal) (2019) – Park Square Barristers

Posted August 29th, 2019 in care orders, child abuse, doctors, expert witnesses, family courts, news by sally

‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’

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Park Square Barristers, 27th August 2019

Source: www.parksquarebarristers.co.uk

Lancashire grandmother ‘had to sleep on mattress in lounge’ for 10 years – BBC News

Posted August 29th, 2019 in care orders, children, compensation, grandparents, housing, local government, news by tracey

‘A woman slept on a mattress in her living room for more than 10 years because her council house was too small for her and five children.

The Local Government Ombudsman ordered the council to pay her compensation. The council apologised and said it would pay her £24,000 to reflect the “avoidable distress” she and her family suffered.’

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BBC News, 29th August 2019

Source: www.bbc.co.uk

The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

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UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

Disclosure of material from care proceedings to the police – UK Police Law Blog

‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’

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UK Police Law Blog, 31st July 2019

Source: ukpolicelawblog.com

Section 9(6B) of the Children Act 1989 – what is its purpose? – Family Law Week

‘Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.’

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Family Law Week, 26th July 2019

Source: www.familylawweek.co.uk